REGULATIONS FOR THE SALE OF GOODS AND SERVICES

HDF Software sp. z o.o. of 30th September 2024

§1

GENERAL PROVISIONS

These Regulations set out terms and conditions for the sale of Goods and Services through HDF24 Online Shop operated by HDF Software Spółka z ograniczoną odpowiedzialnością with its registered office in Wrocław, KRS (National Court Register): 0000358025, exclusively for entrepreneurs with regard to legal activities related directly to their business or professional activity.

§2

DEFINITIONS

1.The terms used in these Regulations shall have the following meaning:

Company (Seller) - HDF Software Spółka z ograniczoną odpowiedzialnością with its registered office in Wrocław, ul. Sępa-Szarzyńskiego 34-36/L3, 50-351 Wrocław, entered into the Register of Entrepreneurs of the National Court Register held by the District Court for the capital city of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under KRS number: 0000358025 share capital: 100,000.00 PLN, NIP (tax identification number): 6912463218, Regon (National Official Register of Business Entities) number: 021271671.

CUSTOMER - (Buyer, Ordering Party) - a natural person running business activity registered in CEIDG (Central Registration and Information on Business) or an organizational entity without legal personality or a legal person that concludes a contract with the Company through the Company's Online Shop, for the purpose related (directly or indirectly) to their professional or business activity.

Online Shop - shall be understood as an Online Shop operated by the Seller available at the following address: www.hdf.com.pl.

Goods/Service - an item, service, right, computer equipment, IT software, licences, which in accordance with these Regulations may be the subject of an Order or any other action performed by the Company.

Order - the Customer's declaration of will specifying unambiguously the type and quantity of Goods as well as price, aiming directly at conclusion of a Sales Agreement based on the rules applicable for the Online Shop.

Price - net price of the Goods specified in the Online Shop next to the Goods for acceptance by the Customer. VAT and costs of transport are never included in the price specified in the Online Shop. The price specified in the Shop is the net price in case of personal collection by the Customer at the location indicated by the Company.

Costs of delivery of Goods/Services - additional costs of shipment or performance of Services incurred by the Company, related to performance and delivery of Services and Goods to the Ordering Party in accordance with the Order to be delivered to any location other than Sępa-Szarzyńskiego Street 34-36/L3, 50-351 Wrocław.

Working Days / Working Hours - Monday - Friday, excluding days recognised as public holidays. Working Hours on those Days are from 9.00 a.m. till 5.00 p.m.

Regulations - these Regulations. With regard to Services provided electronically these Regulations are the regulations referred to under Article 8 of the Act on the Provision of Electronic Services of 18th July 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended).

Personal Data - personal data of the Customer.

Contact Form - an individual account created by the Customer in the Online Shop during the Ordering process. (Form: INVOICE DATA / SHIPMENT ADDRESS).

Creating an Account - means an action specified in the Regulations, which is required for the Customer to be able to use all the functionalities of the Online Shop.

§3

REGISTRATION AND CREATING AN ACCOUNT

1.As a condition for placing of an Order in the Online Shop, the Customer is obliged to familiarise himself/herself with these Regulations and accept their provisions during execution of the Order.

2.In Order to make a purchase, the Customer is obliged to fill in the Contact Form correctly to be able to place Orders with the Shop.

3.The Customer is not obliged to register (i.e. provide his/her login and password). The data are stored by the system in the browser's memory.

4.The Customer may agree to receive commercial information while registering in the Online Shop. Commercial offers are sent only to those Customers who have agreed to receive them in the registration form, Order form and who have agreed to receive commercial information to the provided electronic mail address (e-mail address) within the meaning of the Act on the Provision of Electronic Services of 18th July 2002 (consolidated text: Journal of Laws of 2013, item 1422).

5.By filling in the Contact Form and its acceptance, the Customer agrees to the terms and conditions for placing Orders contained in the Regulations and undertakes to: use the Online Shop in a manner consistent with applicable laws and the provisions of these Regulations; not to provide or transmit unlawful content; use the Online Shop in a manner that does not interfere with its operation; not to take actions consisting in sending or posting unsolicited commercial information (spam) within the Online Shop.

§4

ORDERS

(1) The Customer may purchase Goods or Services from the range offered by the Online Shop only after correct completion of the Contact Form.

2.Orders in the Online Shop may be placed 24 hours a day.

3.The execution of Orders and performance of Services Ordered through the Online Shop takes place on working days.

4.Delivery of Goods and Services Ordered through the Online Shop to the address indicated by the Customer while placing an Order is made at an extra fee.

5.The Customer purchases Goods or Services in the Online Shop in such a way, that he/she selects the Goods or Services in accordance with the instructions provided in the Online Shop, and his/her selection remains visible and modifiable for the Customer for the entire duration of the Ordering process.

6.While placing an Order, the Customer may give his/her consent for inclusion of his/her personal data into the Seller Online Shop's database for the purpose of processing in connection with the execution of his/her Order. If the consent is granted, the Customer has the right to review his/her data, correct them and request their deletion.

7.While placing an Order, the Customer is obliged to provide at least the data marked as obligatory. The Customer can provide other data allowed by the forms available at the Online Shop.

8.Placing of an Order can be made upon correct completion of the obligatory fields of the Order form and confirmation of the Order in accordance with the instructions provided on the website, as well as acceptance of the Shop's Regulations in their up-to-date version (valid at the time of Order placement).

9.After an Order is placed, the Customer receives an Order confirmation by e-mail, telephone or by change of the Order status on the website. Orders that are not confirmed by the Company within 7 days will not be processed.

10.An Order shall be confirmed by the Company by way of purchase Order confirmation sent to the Customer via e-mail to the e-mail address specified in the registration form. This confirmation shall contain, among others, Order number, the Goods Ordered, unit price and total price of the Goods, cost of delivery of the Goods and the delivery address.

11.Confirmation of the purchase Order by the Company shall be tantamount to conclusion of a contract of sale or provision of Services between the Company and the Customer through the online sales system.

12.The provisions of Article 61 § 1 of the Civil Code shall apply directly, which means that the Customer cannot withdraw his/her Order confirmed by the Company later than on the day of receipt of the confirmation of purchase Order.

§5

CONCLUSION OF THE CONTRACT

1.All catalogues, photographs, advertising brochures and technical data published by the Company are for information purposes only and do not constitute an offer within the meaning of the Civil Code. Placing of an Order by the Customer shall not constitute the conclusion of a contract of sale or provision of Services with the Company until it is confirmed by the Company.

2.By placing an Order, the Customer expresses his/her will to conclude a contract of sale or provision of Services with the Company to the extent and based on terms and conditions applicable for the Order.

3.The contract of sale or provision of Services is concluded when the Company's statement in the form of purchase Order confirmation is delivered to the Ordering Party.

4.The Company is obliged to execute Orders in accordance with the content of the Ordering Party's Order and upon confirmation of acceptance of the Order for execution.

5.The Ordering Party undertakes to pay the price of the Goods or provision of Services specified by the Seller, including VAT and the costs of delivery of the Goods in full, within the period specified by the Company.

§6

GOODS

1.If, after placing of an Order, it becomes apparent that completing the Order or part of the Order within the time specified for Order completion will not be possible, the Company/Seller shall immediately notify the Customer about the fact to the electronic mail address (e-mail address) indicated in the Customer's account. The Customer shall then have the right, within 2 days from the date when the funds are credited to the Company's account, either to extend the Order processing time or to cancel the Order in its entirety.

2.In the event of cancellation of the Order in its entirety, the Company will refund the funds received based on the cancelled Order using the very same method of payment as used by the Customer, unless the Customer expressly agrees to other method of payment refund.

3.The Company makes a reservation that any information about availability of Goods or Service in the Company's Online Shop and other information contained in its description is not binding for the Company, and must be confirmed by the Company for every single Order placed.

§7

PRICE

1.The prices of Goods and Services specified on the Online Shop website are net prices and are denominated in Euros, British pounds, dollars or Polish zlotys. All the prices are always net prices exclusive of VAT.

2.Currency exchange rates in case of selection of Goods or Services denominated in foreign currencies shall be converted on the basis of PKO BP foreign exchange sales on the day preceding the issuance of a VAT invoice or in EUR, while VAT shall be settled in accordance with tax regulations in force on the day of issuance of a VAT invoice.

3.Net prices of Goods or Services specified on the Online Shop website do not include the costs of Goods delivery. The total price of payment for Ordered Goods or Services includes the price of Goods, VAT and delivery costs.

4.Prices of Goods or Services displayed on the Online Shop website shall apply only for placing Orders and making reservations via the Online Shop.

5.Prices of Goods or Services presented on the Online Shop website may be subject to change but the change of the price of the Goods shall not affect Orders accepted by the Company.

6.The prices of Goods and Services displayed on the Online Shop website are binding for the parties and are not negotiable.

7. If the Company's bank account is not credited with the total amount of the Order price, including VAT and the costs of Goods delivery within the time limit specified in the Order confirmation, the Company shall have the right not to complete the Order in full or in part, or to withdraw from the Order completion in its entirety.

§8

PAYMENT OF THE PRICE

1.The Customer is obliged to make payment in advance - prepayment - while placing an Order. The Customer should pay the purchase price including VAT and the cost of delivery of Goods within 3 working days from receipt of an e-mail confirming acceptance of the Order by the Company.

2.The Company will proceed with the Order upon receipt of payment of the total price of the Goods or service Ordered.

3.In the title of payment for the Order, the Customer is obliged to provide the Order number indicated in the e-mail containing the confirmation of acceptance of the Order.

4.The date of payment shall be the day on which the Company's bank account is credited.

5.If payment is not made within the period specified in paragraph 8 point 1 of these Regulations, the Order shall be cancelled automatically, without any additional notification to the Customer.

6.The operator of the payment cards is PayPro SA Agent Rozliczeniowy, 8 Pastelowa Street, 60-198 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under KRS number 0000347935, NIP 7792369887, Regon 301345068.

§9

VAT INVOICES

1.Each and every payment received by the Company from the Customer will be documented by an advance invoice.

2.A VAT invoice will be issued based on the information provided by the Customer during the registration process and held by the Company.

3.The registration of an account on the website (Online Shop operated by the Company) constitutes the consent and authorisation for the Company to issue a VAT invoice for the purchased Goods and Services without Client's signature.

§10

DELIVERY OF GOODS

1.Goods and Services Ordered through the Company's Online Shop may be delivered for an additional fee within the territory of the Republic of Poland. The Company does not deliver Goods sold through the Online Shop outside the territory of the Republic of Poland.

2.Goods Ordered via the Online Shop are delivered on working days.

3.Delivery of Goods Ordered via the Online Shop to the address specified by the Customer in his/her Order is charged according to the rules specified in the Online Shop and fully paid by the Customer.

4.The Company reserves the right to execute the Order provided that the Goods are available on the day of Order placement in the Company's warehouse or in warehouses of Polish or foreign distributors. In case of unavailability of the Goods or part of the Goods covered by the Order, the Customer will be informed of the status of the Order and will decide on the method of its execution (partial execution, extension of the waiting period, cancellation of the entire Order).

5.The Company makes a reservation that the delivery date may be changed and prolonged accordingly in the event of force majeure, which is understood as events that could not have been foreseen and prevented such as, in particular, natural disasters, strikes, blockades, labour disputes, changes in the legal status, administrative decisions, rulings of state authorities, if they have significant impact on the production or delivery process of the Ordered Goods. This shall also apply to circumstances when timely performance of the Company's obligations is impossible or significantly hindered for reasons beyond the Company's control.

6. If collection of the Goods at the indicated delivery date is not possible, the Customer shall immediately notify the Company about it by e-mail.

7.The Company may refuse to carry out an Order or refrain from carrying out an Order, if the Customer is in delay with payment for Orders carried out previously.

8.In case of Orders including several Goods or Services for which the same delivery or performance date has been set and which are to be delivered by the same consignment, the Company reserves the right to make the Order completion date and delivery of the consignment dependent on the Order completion date, i.e. receipt of the last Goods of that Order.

9. In case of Services and Orders processed electronically, such Orders will be processed immediately.

10. The Company shall not be held liable for any errors made by the Customer in the Order form, as a result of which the shipment has not reached the addressee or for unjustified refusal to accept the shipment. The Customer shall bear the costs associated with reshipment and handling of such an Order.

11. In the event that the Goods are delivered to the Recipient/Customer via courier, carrier or forwarding company acting on behalf of the Company, the responsibility for the Goods shall pass to the Customer upon receipt of the Goods from the courier, carrier or forwarding company.

12. The Company shall enclose a VAT invoice with each shipment. If the Order is executed via electronic means of communication, the Company will additionally send the VAT invoice by post to the address indicated in the Order.

13.The Customer shall be obliged to inspect the delivered Goods for quality and quantity and conformity of the delivered Goods immediately upon their receipt and make appropriate annotations on the transport document or other evidence of Goods release in the presence of the courier, carrier or forwarding agent.

14. The complaint protocol drawn up in the presence of the carrier and with his/her signature, or the Customer's objections included in the waybill are the only basis for complaints about the quantity and the conformity of the Goods with the Order and the Order confirmation. In the event of any reservations as to the accuracy of the Goods received, the Customer shall immediately inform the Company about such reservations in writing (on the day of receipt of the Goods) and allow the Company to examine the Goods delivered in an intact condition.

15. If, due to the nature of packaging or for any other material reason, it is objectively not possible to inspect the delivered Goods in the presence of the courier, the inspection upon receipt shall include the shipping documents, the number and condition of packagings and the details of the marking of the Goods on the packagings as well as any externally visible damage. As soon as possible, but at the latest when the Goods are unpacked before being used, a detailed inspection shall be carried out and the results of such inspection shall be communicated to the Company without delay (on the day following commissioning of the Goods at the latest), under the pain of forfeiture of any and all claims under statutory warranty and any guarantees provided.

§11

SELLER'S LIABILITY

1. The Company does not perform any legal transactions with consumers within the meaning of Article 221 of the Civil Code, nor does it conclude contracts with consumers within the meaning of the Act on Consumer’ Rights of 30th May 2014 (Journal of Laws of 2014, item 827) with regard to the Goods offered in the Online Shop.

2. Certain Goods that are the subject of sales contracts concluded between the Company and the Customer are covered by a manufacturer's warranty under the conditions specified by the manufacturer. The warranty obligations are performed on behalf of the manufacturer by the entities specified in the warranty document or in the document attached to the warranty.

3. The Company's liability under a contract concluded with the Customer shall be subject to the Company's sole fault in non-performance or undue performance of the contract and shall be limited to the amount of the net value of a given Order.

4. In particular, the Company shall not be held liable for damages resulting from:

- the Ordering Party's failure to meet the technical requirements necessary for communication with the ICT system used by the Company;

- the inability to access the website resulting from causes beyond the Company's control;

- failures, reasons attributable to Access providers, Internet suppliers, failures of the Customer's hardware or software;

- technical interruption in the operation of the www.hdf.com.pl website in the case of planned, ongoing maintenance of the server and the website's software.

5. The Customer shall notify the Company about any change of his/her e-mail address. In case of liquidation or change of his/her e-mail address, the Customer is obliged to ensure that incoming e-mails are redirected to his/her new e-mail address.

6. The Seller shall not be held liable to the Customer in respect of any lost profits due to non-performance or undue performance of an Order. The Seller's liability in respect of each Order is separate and can never exceed the net value of the Order in connection with which the damage occurred.

§12

RETURNS POLICY (COMPLAINTS)

1. The Company shall ensure Delivery of Goods that are free from physical and legal defects. The Company shall be liable to the Customer if the Goods delivered have physical or legal defect (statutory warranty).

2. Defects in Goods purchased and Services performed by the Company other than those described in paragraph 10 of these Regulations shall be reported by drawing up and sending a complaint by the Customer.

3. The Customer who exercises the rights under statutory warranty is obliged to deliver the defective item to the Company's address: ul. Sępa-Szarzyńskiego 34-36/L3, 50-351 Wrocław.

4. In Order to be effective, the complaint should be submitted with the Company by e-mail to the following address: [email protected] or in writing by registered mail sent to: HDF Software Sp. z o.o. ul. Sępa-Szarzyńskiego 34-36/L3, 50-351 Wrocław, with the following note "Sklep internetowy HDF24" (HDF24 Online Shop).

5. The complaint should include the full details of the Customer, the Ordering Party's address, Order number, confirmation of acceptance of the Order and a description of defects of the Goods, as well as telephone number and e-mail address.

6. The Company shall respond to the complaint of Goods or Services within 14 days from the date of receipt of the complaint in case of Services and 14 days from the date of receipt of the item subject to complaint in case of Goods. The Customer will be informed about the decision regarding the complaint by e-mail or by post.

7. If the complaint is acknowledged in any form, the cost of courier delivery of the defective Goods to the company will be refunded to the Customer in full, but in an amount not higher than the cost of sending the same via the operator providing courier Services related to the Company's Online Shop, that is 6 Euros net.

8. Receiving a refund: the refund will be credited to the same e-wallet or account from which the payment for the item was made. The processing time for the refund and the account to which it will be transferred depends on the payment method selected during the purchase. For pre-payments to your account it shall be 2 working days, for payments made through Przelewy24 operator (Blik, Przelewy24, Bank and others) it shall be 5 working days. If the money has not been credited within the specified time frame, please contact our Service Department urgently.

§13

PERSONAL DATA PROTECTION

1. Personal data provided by the Customer during registration and ordering process are processed by the Online Shop available at www.hdf.com.pl and operated by: HDF Software SP. Z O.O., the controller of personal data.

2. An essential element of the process of registration and placing of an Order for Goods is providing the personal data marked as obligatory and giving consent to the processing of the personal data provided during the registration and/or placing of an Order by the Customer.

3. Providing personal data marked as obligatory is voluntary, however, it is necessary for the purposes of registration, placing of an Order, its execution and service.

4. Providing personal data not marked as obligatory is voluntary.

5. If the Customer has agreed to the service provided electronically consisting in sending commercial information, the obtained electronic mail address (e-mail address) is added to the e-mailing list and is used for marketing purposes to send commercial information to the Customer electronically.

6. Consent for personal data processing is given by the Customer by ticking the appropriate box during the registration or ordering procedure.

7. The collected personal data are not shared with third parties, with the exception of transferring the data to the entity involved in the processing of the Order for the purpose of delivery of the Ordered Goods and Services to the Customer, i.e. DPD Polska Sp. z o.o., UPS Polska Sp. z o.o., DHL Express (Poland) spółka z ograniczoną odpowiedzialnością based in Warsaw.

8. The amount and type of transmitted data is limited to the necessary minimum.

9. The Customer has the right to review the content of his personal data and to correct them. For this purpose, he/she should contact HDF Software SP. Z O.O. by e-mail to the following address: [email protected].

10. The Customer has the right to obtain information on whether and to what extent his/her personal data are processed, as well as information on the purpose and scope of processing of his/her personal data.

11. In accordance with Article 13(1) and (2) and article 14(1) and (2) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter “RODO”), HDF Software sp. z o.o. informs that:

each participant has the right to access the content of his/her data and the right to rectify, delete, limit processing, the right to data portability, the right to object, the right to withdraw consent at any time without affecting the legality of the processing performed on the basis of consent before its withdrawal,

each participant has the right to lodge a complaint to the President of the Office for Personal Data Protection, if he/she considers that the processing of personal data concerning him/her violates the provisions of RODO or other provisions on personal data protection;

§14

FINAL PROVISIONS

1. These Regulations are effective as of 10th October 2019.

2. The Seller is entitled to amend these Regulations, including adoption of a new version.

3. Amendments to the Regulations shall come into force within a period indicated by the Seller, not shorter than 7 days from the moment the Seller makes the amended regulations available on the website of the Online Shop.

4. The Regulations are made available free of charge through the website (www.hdf.com.pl), in a form that allows for their downloading, recording and printing, and they are available in writing at the Company's registered office in Wrocław at ul. Sępa-Szarzyńskiego 34-36/L3, 50-351 Wrocław.

5. The law applicable for settlement of disputes concerning the Services provided by the Company via the Online Shop shall be the law of the Republic of Poland.

6. Any disputes arising in connection with and as a result of the Company's activity related to the sale of Goods and Services via the Online Shop at www.hdf.com.pl will be settled by the common court of law having material jurisdiction over the city of Wrocław.

7. All offered Goods and names thereof are mentioned only for identification purposes and may be registered trademarks of their respective owners.

8. As a result of placing of an Order, the Company shall be entitled to process personal data within the scope of its business activity and in compliance with data security requirements specified in the Personal Data Protection Act of 29th August 1997 for the purpose of issuance of invoices, bills and conducting of financial reporting.

9. The sales contract shall be concluded in the Polish language.

10. The Customer who no longer has the status of an entrepreneur or is in the period of suspension of business activity shall not be entitled to use the Online Shop, and consequently is obliged to refrain from placing Orders during that period and to inform the Company about the occurrence of the indicated circumstances. The Customer who no longer has the status of an entrepreneur should immediately deregister themselves from the Online Shop.

11. The Online Shop available at www.hdf.com.pl reserves the right to withdraw individual products from its offer at any time, change prices and quantities of Goods available in the Shop, introduce new Goods to the shop, carry out changes and cancel promotional campaigns on the Shop's web pages.

12. Both, the Customer and the Company may terminate the contract for the provision of Services by electronic means at any time and without providing any reasons, subject to the preservation of rights acquired by the other party before the termination of the aforementioned contract and the provisions below (it does not apply to concluded or executed contracts for the sale and provision of Services). The Customer who has registered themselves shall terminate the contract for the provision of Services by electronic means, by sending a relevant declaration of intent to the Company, using any means of remote communication, which enables the Company to learn of the Customer's declaration of intent.

13. The Company shall terminate the contract for the provision of Services by electronic means by sending a relevant declaration of intent to the e-mail address provided by the Customer during registration to the Customer.

14. In case of any doubts regarding the content of the Regulations and related to execution of Orders placed via the Online Shop available at www.hdf.com.pl, please submit an enquiry to the following e-mail address: [email protected].